A criminal law analysis of the draft resolution by the Plenum of the Supreme Court of the Russian Federation on the judicial practice in cases of bribery, corrupt business practices, and other corruption-related crime

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A criminal law analysis of the draft resolution by the Plenum of the Supreme Court of the Russian Federation on the judicial practice in cases of bribery, corrupt business practices, and other corruption-related crime

Author: Bakradze A.A. The paper presents a criminal law analysis of the draft resolution by the Plenum of the Supreme Court of the Russian Federation on the judicial practice in cases of bribery, corrupt business practices, and other corruption-related crime, concluding with a few comments on the subject. In particular, no criminal responsibility for bribery is possible regardless of whether the actions or inaction were pre-conditioned by a bribe or agreement with an official on the payment of a bribe for such actions or inaction. The author proposes classifying the receipt of some part of the consideration offered as attempted bribery in the amount covered by the perpetrator’s intent. The receipt of money, securities, other property for the commission of actions or inaction that falls within the scope of authority of a corporate officer or executive or can be committed using their official position cannot be classified as bribery or corrupt business practices, regardless of the intention to commit such actions or inaction. The paper also offers further criticisms aimed at optimizing the law enforcement activities.

_Уголовно-правовой анализ проекта постановления Пленума Верховного Суда РФ «О с... Download

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Andrey A. Bakradze Array bakradze@zpartners.ru

25.06.2018

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